So I am getting differing opinions as to when the 20% rule kicks in. I have got a remodel project where a conference room is being remodeled to accommodate additional staff. It is my understanding that the cost of this, which includes an ADA bathroom, does not count towards the 20% additional that must be spent for ADA mitigation since it must be constructed to ADA standards anyway. There are two additional non-ADA public restrooms that can be remodeled to meet ADA requirements. If these two restrooms are remodeled it is my opinion that the cost would be applied to the 20% requirement. I should add that the architect has indicated that he has done numerous projects and this is the first time the 20% rule has been brought up. Estimated cost of remodel is $200,000.00.
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20% Rule
- Thread starter Min&Max
- Start date
Joe.B
Registered User
If the estimate is $200k then you need to show that $40k of that will directly improve accessibility. Not an additional $40k above that amount, and not required to expand beyond the area of work. Sounds like you're doing an ADA bathroom in that area so you should be good. That is my understanding anyways.
mtlogcabin
SAWHORSE
The maximum you are required to spend on the accessible route is 20%.
The bathroom will be close and you can always change out door knobs and such to get to the maximum 20% amount.
305.7 Alterations affecting an area containing a primary function.
Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. The accessible route to the primary function area shall include toilet facilities and drinking fountains serving the area of primary function.
Exceptions:
1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of a facility.
5. This provision does not apply to altered areas limited to Type B dwelling and sleeping units.
The bathroom will be close and you can always change out door knobs and such to get to the maximum 20% amount.
305.7 Alterations affecting an area containing a primary function.
Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. The accessible route to the primary function area shall include toilet facilities and drinking fountains serving the area of primary function.
Exceptions:
1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of a facility.
5. This provision does not apply to altered areas limited to Type B dwelling and sleeping units.
And then this was presented; "5)Alterations triggering additional requirements--ADAAG: Alterations to primary function areas (where major activities take place) trigger a "path of travel" requirement, that is, a requirement to make the path of travel from the entrance to the altered area--and telephones, restrooms and drinking fountains serving the altered area--accessible. But, under the Department of Justice title III rule, a public entity is not required to spend more than 20% of the cost of the original alteration on making the path of travel accessible...". Isn't that requiring an additional 20% beyond the cost of the planned remodel/alteration?
mtlogcabin
SAWHORSE
What are the hard cost of the conference room remodel. Do not include furniture. Now take 20% of that cost and that is the maximum you are required to spend on an accessible route which includes the items you mentioned. You do not have to spend a dime upgrading the restroom if you can spend the 20% on other items along the accessible route
I agree. Originally they had everything lumped together. I suggested they back the restroom remodels out of the equation, calculate 20% of the remaining and apply that total to making the restrooms ADA compliant. The restrooms are the only ADA issue to mitigate in connection with this project. The architect claims that he has never heard of the 20% requirement and that he has designed many similar projects and this type of thing has never come up before. It has developed into an uncomfortable mess as this is also a project for our police dept.
mtlogcabin
SAWHORSE
The original alteration is the conference room.
I have asked for the break out cost a couple of times when it was unclear from the scope of work. I also tell them by breaking out the cost they may get a tax credit but talk to their accountants. Nobody ever balked at the request.
I have asked for the break out cost a couple of times when it was unclear from the scope of work. I also tell them by breaking out the cost they may get a tax credit but talk to their accountants. Nobody ever balked at the request.
Paul Sweet
Sawhorse
"The architect claims that he has never heard of the 20% requirement ..."
It's only been required by ADA for the last 30 years.
It's only been required by ADA for the last 30 years.
Joe.B
Registered User
Yeah, big red flag there.
Tim Mailloux
Registered User
It has always been my understanding that you don't exactly get to cherry pick what the 20% gets applied to, to improve the accessible path, and that there is an order to things. Basically you need to start at the parking lot and make sure you have code compliant handicap parking, then the acesible path from the handicap parking to the entrance, then the accessible entrance and so on, working you way further into the building as you go. And once you hit that 20% value you stop, and pick up from there during the next project.
Joe.B
Registered User
Yes I've been told similar, with the caveat that an argument can be made for "area of work" meaning that if the remodel only takes place in a certain area of the building that the request can be made to focus the 20% required improvements in that area of work. Often the AHJ will have a worksheet that the designer completes and they can state that parking and path of travel are already compliant (or whatever) and the improvements will be made by.... If the project doesn't have complaint parking or path of travel the designers would probably be denied the request unless there was some other justification.
mtlogcabin
SAWHORSE
Our state has guidelines that recommend you start from the parking lot and work your way in which is a logical way to go
steveray
SAWHORSE
Applicant chooses....If you get them in and then they don't have a bathroom to use, which is worse......And they are always told that they are always on the hook for ADA.....
Mr209Smith
Registered User
From CalDAG 2020, so only applicable in California:
Hardships When Alteration Costs DO NOT EXCEED the ENR Average Construction Cost Index
To explain this requirement, let's look at a proposed tenant improvement that will cost $50,000. This $50,000 is the cost to remodel the specific tenant's space alone. Upon reviewing the entrance, path of travel, restrooms, drinking fountains and public telephones that service the proposed alteration, it is determined that it will cost an additional $20,000 to make these features accessible. If the builder applies for a determination of unreasonable hardship, from the local building agency, the builder will still have to spend up to $10,000 (20% of $50,000 is $10,000) making these additional modifications before the overall alteration is considered disproportionate. Under previous hardship allowances, the builder would only have been required to complete the original $50,000 remodel. Under the current regulations, the builder must spend up to $60,000 even with a hardship determination in this example.
I don't have my CASp Academy notes with me, but I believe they also said the 20% is supposed to be in addition to the stated alteration costs. This is how the jurisdiction I work for interprets the requirement.
Mr. Inspector
SAWHORSE
I don't think accessible parking spaces are part of the accessible route, only the route from the parking spaces:
ACCESSIBLE ROUTE. A continuous, unobstructed path
that complies with Chapter 11.
Also accessible parking is in IBC Section 1106 and is not mentioned in 1104 section 1104 "Accessible Route".
ACCESSIBLE ROUTE. A continuous, unobstructed path
that complies with Chapter 11.
Also accessible parking is in IBC Section 1106 and is not mentioned in 1104 section 1104 "Accessible Route".
mark handler
SAWHORSE
In CA 11B-202.4. When the adjusted construction cost, as defined, is less than or equal to the current valuation threshold, as defined, the cost of compliance with Section 11B-202.4 shall be limited to 20 percent of the adjusted construction cost of alterations, structural repairs or additions. When the cost of full compliance with Section 11B-202.4 would exceed 20 percent, compliance shall be provided to the greatest extent possible without exceeding 20 percent.
When the adjusted construction cost, as defined, exceeds the current valuation threshold, as defined, and the enforcing agency determines the cost of compliance with Section 11B-202.4 is an unreasonable hardship, as defined, full compliance with Section 11B-202.4 shall not be required.
Compliance shall be provided by equivalent facilitation or to the greatest extent possible without creating an unreasonable hardship; but in no case shall the cost of compliance be less than 20 percent of the adjusted construction cost of alterations, structural repairs or additions.
For the purposes of this exception, the adjusted construction cost of alterations, structural repairs or additions shall not include the cost of alterations to path of travel elements required to comply with Section 11B-202.4.
steveray
SAWHORSE
Good point Rick, but I believe the intent is the site arrival point as it is covered in 1104.1:
1104.1 Site arrival points. At least one accessible route
within the site shall be provided from public transportation
stops, accessible parking, accessible passenger loading
zones, and public streets
Joe.B
Registered User
Yup, that's how we see it here. We have the CalDAG, but that's an interpretive manual only, not a code book. We use it as a reference, but always look to the code for the actual language.
Joe.B
Registered User
See last post
Yikes
Gold Member
Mark, here's my question:
11B-202.4 defines the full extent of path-of-travel alterations as 5 items, and parking isn't one of them:
Q: If I have a $2 million interior tenant improvement project that will provide all 5 of these items, such that no declaration of "unreasonable hardship" is needed, then I don't need to utilize the 20% rule in 11B-202.4 exc. #8, right?
In that scenario, if I achieve all 5 items, and it cost me less than 20%, can the building official still compel me to provide additional accessibility beyond the 5 items listed above such as an accessible parking storage, and alarms, until I've spent 20%?
Joe.B
Registered User
CA has a valuation threshold, currently $172,418. Once you exceed that value then full ADA compliance is expected, the 20% rule is out the window. You can still apply for a hardship exemption but that's a different story.
See:
404 Error Page
www.dgs.ca.gov
mark handler
SAWHORSE
If the project is 2M, You shall fully comply with ALL code items, including those not on the list.
Yikes
Gold Member
Joe and Mark, help me understand this for alterations.
Mark, you said:
11B-202.3 requires that each altered element comply with Division 2.
11B-202.4 additionally requires 5 "path of travel" components to be made accessible.
But beyond this where in the scoping requirements does it say that the entire facility ("ALL code items, including those not on the list") must be brought up to current code?
Mark, you said:
11B-202.3 requires that each altered element comply with Division 2.
11B-202.4 additionally requires 5 "path of travel" components to be made accessible.
But beyond this where in the scoping requirements does it say that the entire facility ("ALL code items, including those not on the list") must be brought up to current code?
Joe.B
Registered User
Check out CBC Chapter 1, Section 1.9, referenced in 11B-101.1
Also check out that link I posted earlier if you haven't already, specifically there's a link on that page that takes you here:
Access Compliance Reference Materials
www.dgs.ca.gov